Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/2 GAHC010018052025
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/199/2025 ASMAT ALI S/O AHAMMAD ALI, R/O VILL- JORSHIMULI, P.S. CHHAYGAON, DIST- KAMRUP, ASSAM VERSUS THE STATE OF ASSAM REP.BY THE LEARNED PP, ASSAM Advocate for the Petitioner : MR J HUSSAIN, MR. A K AZAD,HAFIZUR RAHMAN,MR L HUSSAIN Advocate for the Respondent : PP, ASSAM,
BEFORE HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER 25.02.2025
Heard Mr. H Rahman, learned counsel for the petitioner and Mr. R. R. Kaushik, learned Additional Public Prosecutor, Assam. By this application filed under Section 482 of the BNSS, the petitioner, namely, Asmat Ali, has prayed for pre-arrest bail, who apprehends arrests in connection with Chhaygaon Police Station Case No. 387/2024. Page No.# 2/2 On 06.11.2024, one Sadikul Hussain had lodged an FIR before Police alleging that on 04.11.2024, at about 11.30 PM , the present petitioner along with Jakir Hussain had put a knife on the neck of his father and took away an amount of Rs.55,000/- from his house. The mother of the present informant tried to stop them from taking away the money and she was also harmed. One gold chain was also taken away from her neck. It may be stated that on 13.11.2024, one Arifa Khatun, the wife of aforementioned Jakir Hussain had lodged an FIR before Police alleging that on 31.10.2024, at about 9 PM, the aforementioned Sadikul Hussain forcibly entered into her house and tried to rape upon her. On that day, the relative of the woman saved her. The learned Additional Public Prosecutor has submitted that the Case Diary reveals that father of Sadikul Hussain owed some money to the Jakir Hussain aforesaid and others. Jakir Hussain was demanding the said money from his father for a long time. Jakir Hussain and Asmat Ali came and forcibly taken away an amount of Rs.50,000/-. I have considered the submissions made by the learned counsel for both the sides. This court is of the opinion that under the given circumstances, the petitioner does not deserve to be detained in custody. Therefore, the prayer for pre-arrest bail is allowed.
Accordingly, it is hereby directed that in the event of arrest of the petitioner, namely, Asmat Ali, who apprehends arrests in connection with Chhaygaon Police Station Case No. 387/2024, shall be released on bail of Rs.20,000/- with one surety of like amount to the satisfaction of the arresting authority. The petitioner is directed to appear before the Investigating Officer within 10 (ten) days from today. Bail application is disposed of. Return the Case Diary. JUDGE Comparing Assistant